EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0783*
HOUSE BILL 783
F1, J1 2lr2429
CF SB 575
By: Delegate Jackson
Introduced and read first time: February 3, 2022
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Public Schools – Mold Assessment and Remediation 2
FOR the purpose of requiring the State Department of Education, in consultation with the 3
Maryland Department of Health and the Department of General Services, to adopt 4
regulations on or before a certain date establishing uniform standards for mold 5
assessment and remediation in public schools, including requiring each county board 6
of education to establish a process for reporting and assessing potential mold in a 7
public school and remediating mold identified during a mold assessment; requiring 8
a county board and the State Department of Education, on receipt of the results of a 9
mold assessment, to post the results online in a certain manner; and generally 10
relating to mold assessment and remediation in public schools. 11
BY adding to 12
Article – Education 13
Section 7–418 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Education 19
7–418. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “MOLD” MEANS A FORM OF MULT ICELLULAR FUNGI THAT LIVES: 23
2 HOUSE BILL 783
(I) ON PLANT OR ANIMAL MATT ER; OR 1
(II) IN AN INDOOR ENVIRONM ENT. 2
(3) “MOLD ASSESSMENT ” MEANS: 3
(I) AN INSPECTION, AN INVESTIGATION , OR A SURVEY OF A 4
PUBLIC SCHOOL TO PROVIDE INFORMATI ON TO THE COUNTY BOARD REGARDING 5
THE PRESENCE , IDENTIFICATION , OR EVALUATION OF MOLD AT THE SCHOOL ; 6
(II) THE DEVELOPMENT OF A MOLD MANAGEMENT PLAN ; OR 7
(III) THE COLLECTION OR ANA LYSIS OF A MOLD SAMP LE. 8
(4) “MOLD REMEDIATION ” MEANS: 9
(I) REMOVING, CLEANING, SANITIZING, DEMOLISHING , OR ANY 10
OTHER TREATMENT PERF ORMED TO ADDRESS MOLD; OR 11
(II) ABATEMENT OF THE UNDE RLYING CAUSE OF MOLD . 12
(B) (1) ON OR BEFORE JUNE 1, 2023, THE DEPARTMENT , IN 13
CONSULTATION WITH TH E MARYLAND DEPARTMENT OF HEALTH AND THE 14
DEPARTMENT OF GENERAL SERVICES, SHALL ADOPT REGULATI ONS ESTABLISHING 15
UNIFORM STANDARDS FO R MOLD ASSESSMENT AN D REMEDIATION IN PUBLIC 16
SCHOOLS. 17
(2) THE REGULATIONS ADOPT ED UNDER THIS SUBSECTION SHALL : 18
(I) ESTABLISH STANDARDS F OR: 19
1. IDENTIFYING AND EVALU ATING THE PRESENCE O F 20
MOLD, INCLUDING VISIBLE MO LD INSPECTION S AND TESTING; AND 21
2. MOLD REMEDIATION IN A CCORDANCE WITH THE U.S. 22
ENVIRONMENTAL PROTECTION AGENCY’S 2008 MOLD REMEDIATION IN SCHOOLS 23
AND COMMERCIAL BUILDINGS GUIDELIN E AS REVISED AND UPD ATED; AND 24
(II) REQUIRE EACH COUNTY BOARD TO: 25
1. ESTABLISH A FORMAL PR OCESS FOR REPORT ING 26
POTENTIAL MOLD IN A PUBLIC SCHOOL; 27
HOUSE BILL 783 3
2. AS SOON AS PRACTICABL E AFTER RECEIVING A 1
REPORT OF POTENTIAL MOLD IN A PUBLIC SCHOOL , HIRE A PROFESSIONAL 2
CERTIFIED TO PERFORM MOLD ASSESSMENTS TO CONDUCT A VISUAL INSPECTION 3
OF THE AREA WITH POTENTIAL MOLD ; 4
3. REMEDIATE ANY MOLD IDENTIFIED IN A MOLD 5
ASSESSMENT REQUIRED UNDER ITEM 2 OF THIS ITEM; AND 6
4. PAY THE COSTS OF THE MOLD ASSESSMENTS AND 7
MOLD REMEDIATION REQUIRED ITEMS 2 AND 3 OF THIS ITEM. 8
(C) (1) ON RECEIPT OF THE RES ULTS OF A MOLD ASSESSMENT , A COUNTY 9
BOARD SHALL : 10
(I) POST THE RESULTS ON I TS WEBSITE; AND 11
(II) SUBMIT THE RESULTS TO THE DEPARTMENT . 12
(2) ON RECEIPT OF THE RES ULTS OF A MOLD ASSESSMENT FROM A 13
COUNTY BOARD UNDER P ARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT 14
SHALL POST THE RESUL TS ON ITS WEBSITE. 15
(3) THE RESULTS POSTED UN DER PARAGRAPHS (1) AND (2) OF THIS 16
SUBSECTION SH ALL BE: 17
(I) WRITTEN IN A MANNER T HAT IS CLEAR AND EAS Y FOR THE 18
PUBLIC TO UNDERSTAND ; AND 19
(II) POSTED IN A CONSPICUO US LOCATION THAT IS EASY FOR 20
THE PUBLIC TO FIND A ND ACCESS. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2022. 23